Presentation on theme: "Finish the 4 th Amendment and begin the 5 th Amendment Quiz Grades Begin Amendments 6,8,9 and Civil Rights The test over Amendments 1,2,4 and 5 will be."— Presentation transcript:
Finish the 4 th Amendment and begin the 5 th Amendment Quiz Grades Begin Amendments 6,8,9 and Civil Rights The test over Amendments 1,2,4 and 5 will be Tuesday, February 15 (Test Review will be tomorrow).
You are allowed to retest if the grade is below a 70. You can only make up to a 70 on the retest. It must be taken within a REASONABLE amount of time. The retest is usually MUCH harder!
Describe the facts of the case, INCLUDING all of Congress’s actions. Describe Salazar’s two arguments. Describe Buono’s two arguments. Under what scenario would the federal government still have an interest in the land in question? How do YOU THINK the court should rule? Justify your answer. Due Next Monday/Tuesday
THE BILL OF RIGHTS
Glencoe Social Studies Government and Civics “+ Sign- Previous Editions Civics Today Student Center Online Student Edition User- CIV Password- 7u36aMuXub
1. Civil Liberties- 2. Why is freedom of association included with assembly? 3. Petition- 4. Search Warrant- 5. Grand Jury/ Indictment- 6. Due Process- 7. What is a civil case?
(Handout - “Understanding Religious Freedom in Schools”)
1. Illegal-support of religion 2. ILLEGAL! Coercion from a school official plus support of religion 3. Legal- Literature 4.Illegal- Creationism is NOT science 5. Illegal-privacy plus assumption of religion 6. Technically a code of conduct issue 7. ILLEGAL-teacher support of religion 8. Illegal- No parental control 9. Illegal-support of religion 10. Dress-code issue
List the clauses of the 1 st Amendment
Use the website to answer the following: What 5 (general) subjects are covered by the 1 st Amendment? What are the 2 clauses regarding religion in the 1 st Amendment?
The 1 st Amendment protects 5 freedoms: Religion, Speech, Press, Assembly and Petition (The constitution states that Congress may not establish a religion or
prohibit the free exercise of religion) The Supreme Court says schools (and all government) must avoid “excessive entanglement with religion”
1. Religious themes (Creche, etc., at Christmas, etc.) are allowed ONLY if they are part of a seasonal display.
Prayers at graduation are LEGAL (as of now) if led by students.
PERSONAL RELIGIOUS FREEDOM- In 1879, a Mormon in Utah claimed his religion allowed him to have more than one wife- The Supreme Court said No- this was “not normal social behavior”
(The const. states that Congress may not establish a religion or prohibit the free exercise of religion) The Supreme Court says schools (and all government) must avoid “excessive entanglement with religion” (Lemon test) The pledge to the flag cannot be required if It conflicts with a student’s “religious beliefs.”
1. Yes! It has changed since the major dress code case was decided 40 years ago: Tinker v. DesMoines School District, The Supreme Court ruled FOR the students because: 1. “Students and teachers don’t lose their rights at the schoolhouse door.”
b. Schools must show evidence of “substantial disturbance” before free speech could be limited at school In recent years, the Court has begun to back off from this precedent and has begun to restrict speech at school. Examples-
Schools (especially in the South) DO ban earrings and have many restrictive dress codes in place! Morse v. Frederick, 2007
Bethel School District v. Fraser, (“inappropriate” student speech in support of a candidate for office for student council) ( Google search the case and use the wikipedia link)
1. YES! It has changed over the last 40 years since ___- 2. Yes- police overtime, etc. This case was based on a KKK rally in Portland, Maine! 3. No-False advertising (Commercial speech is the most regulated)> 4. Must allow religious exceptions 5. YES-school administrators may censor ANYTHING if they claim it relates to education. 6. No-definition of morality 7. Yes –safety 8. No-Free Speech, no matter how offensive (or funny!)
Prior Restraint-not allowing distribution prior to publication- usually NOT UPHELD Exceptions to above 1. Nat Security-never been upheld 2. Libel/Slander 3. Obscenity 4. Fair Trial SYMBOLIC SPEECH Speech plus physical action- (Johnson v. TX, 1989)
PERSONAL- The S.C. ruled flag burning LEGAL in 1989 for two reasons: a. just because society finds something offensive doesn’t mean it’s illegal
b. Flag burning is symbolic speech.
Government may make reasonable time, place and manner restrictions on assembly but may NOT prohibit them based on past or anticipated conduct. Permit cannot be UNREASONABLY withheld.
Fighting Words and “Clear and Present Danger” Hate speech (racial slurs, derogatory sexual preference remarks) is NOT protected. All of the above is difficult to enforce because of vagueness in laws.
3. Obscenity-In 1973, the Supreme Court developed a 3-part test for obscenity: a. Does the material incite lust? b. Does it violate community standards? c. Is it considered art, literature or science?
1.. Does it involve libel or slander? Libel-hurting someone’s reputation (with lies) through the written word. Slander- Spoken word Politicians cannot sue-they have “thrown themselves into the limelight”
Commercial Speech is the most regulated speech 1. Cigarette advertising was banned from TV/Radio in The Federal Trade Commission (FTC) investigates claims of False/Misleading advertising. 2. If a TV/Radio station makes ad time available to a candidate for office, it must make time available for all- called Equal Time.
Write the 2 nd Amendment EXACTLY as it appears in the Bill of Rights (including punctuation).
“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” (only 2 major S.C. gun cases in history)
U.S. v. Miller, “No reasonable link between a well-regulated militia and a sawed-off shotgun” District of Columbia v. Heller,2008- S.C. struck down Washington D.C.’s ban on handguns
1. 4 th Amendment (1791)- Write the 2 major concepts set out in the 4 th Amendment 2. With wikipedia (or any site you trust) define the following term: Probable Cause-
3 rd Amendment (1791)- 4 th Amendment (1791)- A. People are protected against unreasonable search and seizure B. Warrants may only be issued if there is “probable cause.”
No facts or evidence -Known Drug Dealer Hunch- Area known for drug dealing Reasonable Suspicion- Cars slowing down, exchanges appear to take place Probable Cause- Item dropped from suspect’s pocket, found to be controlled substance All Facts- Money, drugs and a Tec9 found on her along with phone #’s on her cell of informants
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” - THE 4TH AMENDMENT
What did this landmark Supreme Court ruling do relating to illegally obtained evidence? Had to be excluded from court evidence – This is now known as the Exclusionary Rule.
Police had a warrant to search a house for stolen jewelry. They were given permission to enter. As they walked through the kitchen, they saw an illegally modified weapon on the table.
They arrested the homeowner on illegal gun charges. No stolen jewelry was found. Is the arrest legal? YES!- The evidence is in plain view.
The S.C. has said drug testing at work is legal because “It is a reasonable response to the drug problem” Drug Testing at School- Random? Extracurricular? ( Sports and/or Other Activities- Band, Drama, Mads, etc.) To Receive a Parking Permit?
Using wikipedia, list the exceptions to the warrant requirement.
Procedural Due Process- Substantive Due Process-
a. No person may be held for a capital crime except on presentment or indictment by a grand jury b. No person may be tried for the same crime twice (no double jeopardy) c. No person can be forced to be a
witness against themselves (led to the Miranda Rule) d. No one can be deprived of life, liberty, or property without due process of law
e. Private property can be taken for public use ONLY if there is fair compensation-(called eminent domain)
The Supreme Court ruled a city COULD remove residential homes for private development. 42 states have since passed laws that severely restricts the ability of local governments to do this.